Riley v. Bradley

Upon reconsideration of this cause pending application for rehearing, the writer prepared an opinion expressive of his views and dissenting from the then prevailing opinion. Upon the cause coming on to be heard in consultation on the rehearing a majority of the court adopted the opinion so prepared, and it is as follows:

Complainants are beneficiaries of the trust estate. Edward Wilkinson, Jr., coexecutor and co-trustee, occupied to these complainants a fiduciary relationship. Defendant Bradley's connection began, according to averments of the bill, in May, 1942, his firm having been employed…